This document is available in three
formats: this web page (for browsing content), PDF (comparable to original document formatting), and WordPerfect. To view the PDF you will need Acrobat Reader, which may be downloaded from the Adobe site. For an official signed copy, please contact the
Antitrust Documents Group.

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

UNITED STATES OF AMERICA,

Plaintiff,

v.

THE MATHWORKS, INC. and
WIND RIVER SYSTEMS, INC.,

Defendant.

|
|
|
|
|
|
|
|
|
|
|
|
|

Civil Action No. 02-888-A

Chief Judge Hilton

UNITED STATES' CERTIFICATE OF COMPLIANCEWITH TUNNEY ACT AND MOTION FOR ENTRY OF FINAL JUDGMENTS

Plaintiff United States hereby certifies that it has complied with the provisions of Section
5 of the Clayton Act, as amended by Section 2 of the Antitrust Procedures and Penalties Act
(codified at 15 U.S.C. §§ 16(b)-(h) ("Tunney Act")), and states:

The proposed Final Judgment against Wind River Systems, Inc. was filed with the
Court on June 21, 2002. 15 U.S.C. § 16(b).

The proposed Final Judgment against The MathWorks, Inc. was filed with the
Court on August 15, 2002. 15 U.S.C. § 16(b).

The Competitive Impact Statement was filed with the Court on September 15,
2002. 15 U.S.C. § 16(b).

On June 28, 2002 and September 23, 2002, Wind River Systems, Inc. and The
MathWorks Inc., respectively, each filed a statement and certification with the
Court regarding communications by them or on their behalf relating to the
proposed Final Judgments with officers or employees of the United States. 15
U.S.C. § 16(g).

Pursuant to 15 U.S.C. § 16(b) the proposed Final Judgments and the Competitive
Impact Statement were published in the Federal Register on October 21, 2002, at
67 Fed. Reg. 64657 (2002).

A summary of the terms of the proposed Final Judgments and the Competitive
Impact Statement were published in The Washington Post for seven consecutive
days, from September 28, 2002, through October 4, 2002. 15 U.S.C. § 16(c).

The 60-day period for public comments on the proposed Final Judgments,
specified in 15 U.S.C. § 16(d), commenced on October 21, 2002 and expired on
December 20, 2002.

The United States received and responded to two comments on the proposed Final
Judgments. The United States' response to the public comments, as well as the
comments received, were filed with the Court on January 15, 2003, and published
in the Federal Register on January 23, 2003, at 68 Fed. Reg. 3267 (2003). 15
U.S.C. § 16(d).

On January 14, 2003, SoundView Technology Corporation, as the Court-appointed Trustee in this matter, reported to the United States that a definitive
sales and licensing agreement had been agreed to by the Defendants and National
Instruments Corporation.

Pursuant to the Stipulations filed on June 21, 2002, and August 15, 2002, the Court may
enter the proposed Final Judgments after it determines that the Judgments satisfy the public
interest standard of 15 U.S.C. § 16(e). Plaintiff's Competitive Impact Statement and Response to Public Comments demonstrate that the proposed Final Judgments are in the public interest. Accordingly, Plaintiff requests that the Court enter the proposed Final Judgments without further hearings. Copies of the Wind River and The MathWorks Final Judgments are attached at Tabs 1 and 2, respectively.

I certify that on February 11, 2003, a true and correct copy of the United States'
Certificate of Compliance with Tunney Act and Motion for Entry of Final Judgments was served
on the following counsel: